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Peoria Heights City Zoning Code

CHAPTER 7

RESIDENTIAL DISTRICTS

10-7A-1: PURPOSE:

The R-1 residential district is intended to include those portions of the village developed predominantly with one- family dwellings on individual lots where it is deemed desirable to maintain and encourage this pattern of development, or those undeveloped portions of the village in which it is deemed desirable to encourage this pattern of predominant land usage and density of population. (Ord. 740, 4-7-1970)

10-7A-2: PERMITTED USES:

No building or premises shall be used and no building shall be hereafter erected or altered within any R-1 residential district, unless otherwise provided in this title, except for the following uses:
Churches, temples, and other places of public worship.
Customary accessory uses, including private garages.
Customary home occupations, but not including the conduct of a retail or wholesale business or manufacture.
Farming, truck gardening, horticultural nurseries, but not including the raising, housing, pasturing or keeping of bees, fowl or livestock within three hundred feet (300') of a lot line.
Libraries and public museums.
One-family dwellings.
Parks, recreation areas, and recreation buildings operated by a unit of government; government buildings but not including storage yards or buildings for the housing of trucks, contractor equipment, poles, pipe, road building materials or similar materials.
Preschool and daycare.
Public or private schools offering general instructions between kindergarten and twelfth grade levels; public or private colleges offering courses leading toward associate, baccalaureate or advanced degree in arts or science or comparable recognized degree.
Temporary buildings, structures and uses incidental to construction on the site, for a period not to exceed one year. (Ord. 740, 4-7-1970; amd. 2016 Code)

10-7A-3: BUILDING HEIGHT:

   A.   No principal building or structure shall hereafter be erected or altered to exceed thirty five feet (35') in height.
   B.   No accessory building or structure shall hereafter be erected or altered to exceed seventeen feet (17') in height. (Ord. 1010, 12-3-1985)

10-7A-4: LOT SIZE:

Every building hereafter erected shall be on a lot having an area not less than six thousand (6,000) square feet, a lot width measured along the front setback line of sixty feet (60') and a lot depth of not less than one hundred feet (100'), measured along a line midway between the side lot lines perpendicular to the front lot line; provided, however, that where a lot is smaller than herein required, and was of record at the effective date hereof, said lot may be occupied by not more than one family. (Ord. 740, 4-7-1970)

10-7A-5: YARDS:

No principal or accessory building or structure shall hereafter be erected or enlarged unless the following yards are provided and maintained in connection with such buildings or structures: (Ord. 1010, 12-3-1985)
   A.   Front Yard: A front yard not less than twenty five feet (25') in depth, unless forty percent (40%) or more of the frontage is improved with buildings that have observed a greater or less depth of front yard, in which instance, no new buildings or portions thereof shall project beyond a straight line drawn between the point closest to the front property line of the two (2) nearest residences, but this regulation shall not be interpreted to require a front yard of more than fifty feet (50') nor to permit a front yard of lesser depth than that of the nearest building. Where the street is curved, the line shall follow the curve of the street rather than to be a straight line. (Ord. 740, 4-7-1970)
   B.   Side Yards:
      1.   A side yard on each side not less than ten percent (10%) of the lot for principal buildings or structures. However, a side of a principal building or structure which occupies two (2) or more lots shall be ten percent (10%) of the total front footage of said lots or six feet (6'), whichever is the lesser. In the event of damage or destruction of a dwelling by fire, storm, or other casualty, said dwelling may be restored with the side yard setback which it originally had without reference to the requirements set forth in this subsection.
      2.   For accessory buildings or structures located on the rear one-third (1/3) of the lot, a side yard setback of not less than three feet (3') shall be maintained; for accessory buildings or structures located on the front two-thirds (2/3) of the lot, a side yard setback of not less than ten percent (10%) of the lot's width shall be maintained.
   C.   Rear Yard:
      1.   A rear yard having a depth of not less than twenty five feet (25') for principal buildings or structures.
      2.   For accessory buildings or structures located on the rear one-third (1/3) of the lot, a rear yard of not less than five feet (5') shall be maintained where said rear yard abuts an existing alley; not less than three feet (3') where said rear yard does not abut an existing alley. (Ord. 1010, 12-3-1985)
   D.   Supplementary Regulations:
      1.   On a corner, no fence, hedge, earth terrace, parking facility or other structure or plant which would obstruct motor vehicle visibility of traffic approaching the corner or intersection shall be erected, placed or maintained within the triangular patterns that are formed by the intersection of the lot lines nearest the street intersection and a straight line joining said lot lines at points which are fifteen feet (15') in distance from the point of intersection.
      2.   An enclosed one-story porch, even though roofed over, may project into a required front, side or rear yard area a distance not to exceed six feet (6'), and shall not be considered in the determination of the size of yards; provided, however, that such porch shall not be closer than four feet (4') at any point to any lot line, and that no building shall have such porches projecting into more than one required side yard; and provided further, that porches on buildings erected prior to the effective date hereof, extending into a required front yard, shall not be enclosed. (Ord. 740, 4-7-1970)

10-7A-6: LOT COVERAGE:

No building, with its accessory building, shall occupy in excess of thirty seven percent (37%) of the area of an interior lot, nor more than forty percent (40%) of the area of a corner lot. (Ord. 740, 4-7-1970)

10-7A-7: HABITABLE FLOOR AREA:

   A.   One-Story Dwellings: No one-story dwelling shall hereafter be erected with a habitable floor area of less than seven hundred fifty (750) square feet.
   B.   Two-Story Dwellings: No two-story dwelling shall hereafter be erected with a habitable floor area of less than one thousand three hundred (1,300) square feet. (Ord. 740, 4-7-1970)

10-7B-1: PURPOSE:

The R-2 Medium Density Residential District is intended to include those portions of the Village developed with two- family dwellings or with a mixture of one-family and two- family dwellings. (Ord. 740, 4-7-1970)

10-7B-2: PERMITTED USES:

No building or premises shall be used and no building shall be hereafter erected or altered within an R-2 Medium Density Residential District, unless otherwise provided in this title, except for the following uses:
Any use permitted in the R-1 Residential District.
Two-family dwellings. (Ord. 740, 4-7-1970)

10-7B-3: BUILDING HEIGHT:

No building shall hereafter be erected or altered to exceed the lesser of thirty five feet (35') in height, or twelve feet (12') greater in height than the principal structure on any immediately adjacent lot. (Ord. 2019-1592, 5-21-2019)

10-7B-4: LOT SIZE:

Every one- or two-family dwelling hereafter erected, and every one-family dwelling or other building thereafter converted to a two-family dwelling, shall be on a lot having an area of not less than six thousand (6,000) square feet. (Ord. 740, 4-7-1970)

10-7B-5: YARDS:

No principal or accessory building or structure shall hereafter be erected or enlarged unless the following yards are provided and maintained in connection therewith. (Ord. 1010, 12-3-1985)
   A.   Front Yard: A front yard not less than twenty five feet (25') in depth. (Ord. 740, 4-7-1970)
   B.   Side Yards:
      1.   A side yard on each side not less than ten percent (10%) of the width of the lot for principal buildings and structures.
      2.   For accessory buildings or structures located on the rear one-third (1/3) of the lot, a side yard setback of not less than three feet (3') shall be maintained. For accessory structures or buildings located on the front two-thirds (2/3) of the lot, a side yard setback of not less than ten percent (10%) of the width of the lot shall be maintained.
   C.   Rear Yard:
      1.   A rear yard of not less than fifteen feet (15') in depth for principal buildings or structures.
      2.   For accessory buildings and structures located on the rear one-third (1/3) of the lot, a rear yard of not less than five feet (5') shall be maintained where said rear yard abuts an existing alley; not less than three feet (3') where said rear yard does not abut an existing alley. (Ord. 1010, 12-3-1985)

10-7B-6: LOT COVERAGE:

No building with its accessory buildings shall occupy in excess of forty percent (40%) of the area of an interior lot, nor in excess of fifty percent (50%) of the area of a corner lot. (Ord. 740, 4-7-1970)

10-7B-7: HABITABLE FLOOR AREA:

   A.   One-Family Dwellings: No one-family dwelling shall hereafter be erected with a habitable floor area of less than seven hundred fifty (750) square feet.
   B.   Two-Family Dwellings: No two-family dwelling shall hereafter be erected and no one-family dwelling or other building shall hereafter be converted to a two-family dwelling with a habitable floor area less than one thousand five hundred (1,500) square feet, nor less than seven hundred fifty (750) square feet in either dwelling unit. (Ord. 740, 4-7-1970)

10-7B-8: ADDITIONAL REQUIREMENTS FOR TWO-FAMILY DWELLINGS:

No two-family dwelling hereafter erected or created from an existing establishment shall be permitted unless separate bathroom and kitchen facilities and two (2) separate means of access are provided for each dwelling unit. (Ord. 740, 4-7-1970)

10-7C-1: PURPOSE:

It is the intent of the R-3 Multiple-Family Residential District to provide for the continued growth of the Village in total population, since it is completely surrounded by the City of Peoria, through intensifications of density and vertical expansion, but limited in height so that the Tower Park Observation Tower will continue to be the dominant feature of the landscape. (Ord. 740, 4-7-1970; amd. 2016 Code)

10-7C-2: PERMITTED USES:

No building or premises shall be used and no building shall be hereafter erected or altered within any R-3 Multiple-Family Residential District, unless otherwise provided in this title, except for the following uses:
Any use permitted in the R-2 Medium Density Residential District, subject to the restrictions of that district.
Multi-family residences; sheltered care homes; and nursing homes, subject to the restrictions herein set forth for such users.
Upon approval by the Board, one or more of the following uses may be established clearly incidental to a multi-family residence, sheltered care home or nursing home: restaurant and office of doctor, dental or similar practitioner in the healing arts. Such incidental uses shall be allowed only if they are primarily for the use and benefit of the occupants of the principal use. (Ord. 740, 4-7-1970)

10-7C-3: STANDARDS:

The following are standards to which multi-family residences, sheltered care homes and nursing homes shall comply:
   A.   Lot Size: No multi-family residence, sheltered care home or nursing home shall hereafter be erected, and no existing building shall be converted to any such use, unless the lot shall have an area of at least fifteen thousand (15,000) square feet.
   B.   Floor Area Ratio: Irrespective of the number of floors in a building or a series of buildings on the same lot, the sum of the total area of all floors shall not exceed the area of the lot (FAR 1.0).
   C.   Density: No multi-family residence shall hereafter be erected or altered to accommodate or make provision for more than fifty (50) families on any acre of land, nor make provision for more than a proportional number of families on a fractional part of any acre of land. (Ord. 740, 4-7-1970)
   D.   Building Height: No building shall hereafter be erected or altered to exceed the lesser of forty four feet (44') in height, or twelve feet (12') greater in height than the principal structure on any immediately adjacent lot (top of any buildings should be kept visually significantly below the top of the water tower). (Ord. 2019-1592, 5-21-2019)
   E.   Yards:
      1.   Front Yard: There shall be a front yard along each abutting street having a depth of at least twenty five feet (25'), measured from the right-of-way line.
      2.   Side Yards: On each side of the building, there shall be a side yard having a width of not less than ten percent (10%) of the width of the lot or one-fifth (1/5) the building height, whichever is greater.
      3.   Rear Yard: There shall be a rear yard having a depth of not less than fifteen percent (15%) of the lot depth, but not less than ten feet (10') in depth, or one-third (1/3) the building height, whichever is greater.
   F.   Off Street Parking: There shall be provided on the same or an adjacent lot, off street parking for two (2) cars for each dwelling unit in a multi-family residence; one car space for each employee per shift, plus one car space for each four (4) residents' accommodation in a sheltered care home or nursing home. In addition, if one or more incidental uses are permitted by the Zoning Board of Appeals, off street parking shall be provided as the Zoning Board deems adequate. (Ord. 740, 4-7-1970)
   G.   Site Plan Approval: The Village building inspector shall not issue a permit for new construction or substantial improvement of structures in areas zoned R-3 Multiple-Family Residential District until such time that a site plan for the location of an improvement to the premises in the district so zoned shall be submitted for recommendation to the Zoning Board of Appeals. "Substantial improvement" is defined as any repair, reconstruction, or addition of a structure, the cost of which equals or exceeds ten percent (10%) of the market value of the structure before the improvement is started. The term should not, however, include such actions taken to comply with existing State or local codes and ordinances or alterations to a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. Such site plans shall include all other requirements of section 10-3-4 of this title. (Ord. 2017-1520, 9-5-2017)

10-7D-1: PURPOSE:

It is the intent and purpose of the R-P planned residential district to encourage the total planning of large unsubdivided or undeveloped tracts, rather than lot by lot development. Established uses within the district, such as farming, golf courses, parks, large estates or institutional uses, would be permitted to continue and to be improved and expanded, it being the intent of these district regulations to provide a framework within which the conversion of such land to residential uses may be accomplished. (Ord. 740, 4-7-1970)

10-7D-2: PERMITTED USES:

No building or premises shall be used and no building shall be hereafter erected or altered within any R-P planned residential district, unless otherwise provided in this title, except for the following uses:
Country clubs and golf courses not conducted as a business or for profit.
Farming, truck gardening and horticultural nurseries, but not including the raising, housing, pasturing or keeping of bees, fowl or livestock within three hundred feet (300') of a lot line.
Parks, recreation areas, recreation buildings or operation by a unit of government and nature preserves.
Planned unit development which may consist of individual building sites for one or more of the following: one- family dwellings, two-family dwellings, row houses or townhouses, garden apartments, high rise apartments, sheltered care facilities, nursing homes, residential hotel, together with common property, such as a park, recreation area, recreation building or facility and off street parking areas or facilities. (Ord. 740, 4-7-1970)

10-7D-3: STANDARDS:

   A.   Lot Size: A planned unit development shall be located on a tract having a gross area of at least ten (10) acres.
   B.   Floor Area Ratio: The total area of all floors in all buildings on the tract shall not exceed eight-tenths (0.8) of the gross area of the tract.
   C.   Open Space: The total area of the open space, including streets, drives, open parking areas, open recreation areas and landscaped areas, shall be at least 0.85 times the total floor area. The total area of the open space, exclusive of that in streets, drives, and open parking areas, shall be at least one-half (1/2) the total floor area.
   D.   Building Height: No building shall hereafter be erected or altered to exceed fifty four feet (54') in height.
   E.   Yards And Courts:
      1.   Yards and courts shall be provided to assure adequate privacy, desirable outlook, adequate natural light and ventilation, convenient access to and around the buildings and other essential uses.
      2.   Yard depth shall assure adequate distances between building walls on the property and on abutting off site properties.
      3.   The size, number, and location of courts shall be determined in accordance with the procedures and standards set forth in sections M307 and M308 of FHA manual 2600 entitled "Minimum Property Standards For Multi-Family Housing", which sections are hereby adopted by reference and made a part of this title. Notwithstanding, yards along the external boundary of the planned unit development shall be provided as specified in subsections 10-7C-3E1, E2 and E3 of this chapter.
   F.   Off Street Parking: Off street parking shall be provided at the rate of two (2) spaces for each dwelling unit. (Ord. 740, 4-7-1970)
   G.   Site Plan Approval: The Village building inspector shall not issue a permit for new construction or substantial improvement of structures in areas zoned R-P Planned Residential District until such time that a site plan for the location of an improvement to the premises in the district so zoned shall be submitted for recommendation to the Zoning Board of Appeals. "Substantial improvement" is defined as any repair, reconstruction, or addition of a structure, the cost of which equals or exceeds ten percent (10%) of the market value of the structure before the improvement is started. The term should not, however, include such actions taken to comply with existing State or local codes and ordinances or alterations to a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. Such site plans shall include all other requirements of section 10-3-4 of this title. (Ord. 2017-1520, 9-5-2017)